After hearing compelling arguments from both attorneys, Judge Dale Reinholtsen did grant the defense motion to continue.
Court congestion and scheduling was brought up by Deputy District Attorney and mentioned by Deputy Public Defender Kelly Neel in her request for a late March or April 2018 setting.
"We are creating problems by granting these continuances," said Judge Reinholtsen saying he did not want to set future dates that would have to be rescheduled again. He told the attorneys he wanted Court Operations Manager Kelly Nyberg involved in the decision and scheduled a November 7 hearing at 8:30 a.m.
The defense argument that they needed time to prepare, after having received crucial discovery last week prevailed. Motions to continue will always be granted for that reason to avoid further issue of appeal.
Deputy Public Defender Kelly Neel said the victim had a criminal history of violence and using controlled substances.
Deputy District Attorney Roger Rees addressed scheduling and court congestion in his argument and the victim's families having the right to a speedy trial.
"I see the need to attack the victim" said Deputy District Attorney Roger Rees. "In this case, the attack was caught on video. The victim was seated when he was attacked by the defendant." Mr. Rees said hecdid not see why the victim's history of violence was relevant.
Ms. Neel responded, that Mr. Rees' theory of the case "significantly differs from ours."
Mr. Rees said that the reports relating to the victims, given to the defense last week were not lengthy. Jury selection was expected to take two to three weeks due to the holidays. "We are at least one month away from any evidence. " Ms. Neel said her investigator is also working on other homicide cases in the office. Judge Reinholtsen did agree withbMr. Rees that the reports should not take until March or April.
Gearold Sotolongo did not come to court on October 26. He refused again on October 30.
This morning he was in court, cuffed, chained and dressed in a red jumpsuit which means he is in admin segregation.
The November 13 jury trial has been vacated.
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http://johnchiv.blogspot.com/2017/10/sotolongo-seems-to-think-showing-up-in.html?m=1
Cart before the horse. There was nothing compelling in Neel's argument. A victim's propensity for violence is only relevant if the defendant knew about it or believed in it. There's no evidence mentioned to suggest this defendant harbored any fear of his victim. What will happen is bootstrapping. If and when the victim's record is produced, the defense will look for an expert to try to say that of course the defendant was askeered. But that's not admissible. Defendant has to take the stand. And that won't happen . Ask Juan Ferrer if Rees knows how to cross examine.
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